SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

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Statute Construction Court Felony 136

SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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Construction Statute Felony Court 101

FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C. In affirming the District Court’s ruling, the D.C.

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Manufacturing Contract Statute Court 59

Patently O

JUNE 16, 2023

The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. The USPTO is now seeking comments on where the office should be located — and the methodology it should use in selecting a location. [ Fed Reg ].

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Statute Government 64

The Crime Report

JANUARY 13, 2023

There’s nothing in any of the statutes that say, ‘If an agency doesn’t do this within 30 days, the secretary can fine them $500 or penalize them.’ It is incumbent upon the agencies themselves to comply with these statutes.”. We don’t have any stick,” Newsome said.

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Attorney Litigating Litigation Depose 105

SCOTUSBlog

MARCH 30, 2023

The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C.

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Statute Court Administrative Law Government 120

The Crime Report

SEPTEMBER 2, 2022

Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. In a 5-4 decision, it struck down mandatory death sentencing statutes. In addition, a seven-justice majority found guided discretion statutes to be constitutional.

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Statute Lawyer Lawyers Court 105

SCOTUSBlog

MARCH 28, 2022

Louisiana that it precluded all suits against a state (or its agencies) in federal court, including suits brought by state citizens to enforce federal constitutional provisions. Despite the apparently narrow language of the amendment – limited to suits in federal court brought by non-citizens of the state – the court held in 1890 in Hans v.

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Court Government Statute Felony 94

SCOTUSBlog

OCTOBER 13, 2022

Louisiana , 21-993. permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Until next time, stay safe ! New Relists. Returning Relists. 28 and Oct.

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Tort Construction Court Felony 111

SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Louisiana , 21-993. relisted after the Oct. 28 conference). Returning Relists. 14 and Oct.

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Government Construction Court Statute 113

Broadcast Law Blog

JANUARY 29, 2023

While the FCC also found Fox responsible for transmitting the segment to its affiliates nationwide in violation of the rule, the FCC did not fine Fox as a programming network because the one-year statute of limitations period applicable to non-broadcasters had expired.

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Sports Manufacturing Statute Laws 98

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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Court Statute Lawyers Lawyer 52

SCOTUSBlog

JUNE 29, 2022

Louisiana , 21-993. 1346 ; and (2) whether deception that deprives a person of “potentially valuable economic information,” without more, can constitute “money or property” fraud under the federal mail and wire fraud statutes. Trans World Airlines, Inc. and several courts of appeals have held). relisted after the June 23 conference).

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Statute Court Government Laws 85

JURIST

OCTOBER 7, 2024

In November 2023, a judge dismissed the lawsuit, largely citing procedural reasons, such as being outside the statute of limitations and the plaintiff’s lack of standing, for dismissing the claims. The post Fifth circuit hears civil rights suit alleging racist land-use policies by Louisiana parish appeared first on JURIST - News.

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Statute Government Court 211

Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations and quotations omitted).

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Tort Statute Court Construction 59

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. Commissioner of Internal Revenue , 21-379.

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Statute Court Education Administrative Law 104

JonathanTurley

SEPTEMBER 7, 2021

She was charged under Louisiana law with malfeasance in office. The statute itself reads like criminalized negligence. The report was taken on August 23, 2021.”. She was ultimately dismissed after an investigation. What followed was relatively rare. What is interesting about the law is how broad the language is.

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Malfeasance Mens Rea Statute Laws 42

Patently O

JANUARY 24, 2022

The Western District of Texas is a vast district, stretching more than 600 miles across from El Paso (on the western limits of the state) to Waco (which is much nearer to Louisiana than New Mexico). We have recently written an article in which we proposed a two-prong solution to the judge shopping problem.

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Litigating Litigation Court Statute 60

JURIST

JULY 13, 2022

Louisiana Judge Donald Johnson Tuesday granted a petition filed by reproductive health providers against the state’s abortion ban, the latest in a back-and-forth case set in motion after the US Supreme Court struck down Roe v. Johnson granted a temporary restraining order against state laws designed to take effect after Roe v.

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Attorney Statute Litigation Litigating 223

JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

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Immigration Court Rules Court Statute 211

SCOTUSBlog

MAY 28, 2021

In Louisiana v. Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. Louisiana v.

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Felony Statute Attorney Court 136

The Crime Report

JUNE 23, 2022

Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. The report studied 39,253 people serving life-without-parole sentences in 20 states, representative of three-quarters of the LWOP population across the country.

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Statute Court Decisions Court 142

SCOTUSBlog

JULY 7, 2022

The statute at issue in Dobbs did not deal with a prohibition on medical care in such circumstances. The statute also specifically provides an exception where the physician believes a medical emergency exists. The statute also contains an exception for abortions “necessary to save the life of a pregnant woman in a medical emergency.”.

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Statute Laws Legal Legal 145

Constitutional Law Reporter

DECEMBER 19, 2022

Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v. Please check back for updates.

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Court Laws Statute Immigration 52

SCOTUSBlog

JANUARY 13, 2022

The Department of Health and Human Services issued the rule, which applies to more than 10 million workers, in November, but two federal district courts – in Missouri and Louisiana – put the rule on hold in roughly half the states.

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Court Healthcare Government Statute 145

SCOTUSBlog

MAY 31, 2024

Amant, Louisiana. But the Louisiana Supreme Court reversed, saying that he could win relief only by showing the juror’s “actual bias, either by express admission or proof of specific facts showing” a sufficiently close to the case that “bias must be presumed.” The court may soon decide to answer that question. Kentucky ex rel.

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Court Felony Government Laws 97

Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C.

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Immigration Court Rules Court Entertainment 52

SCOTUSBlog

MARCH 16, 2023

And she argues that Dobbs has nothing to do with mootness, because she was arguing her due process rights were violated through Chapman’s “ graft[ing] [of] a new notice requirement onto a statute that does not require notice ” rather than because of her abortion rights alone. But Doe nonetheless states that she does not oppose vacatur.

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Court Statute Litigation Litigating 20

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

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Court Government Litigation Litigating 57

SCOTUSBlog

APRIL 19, 2024

Louisiana that the Sixth Amendment (as incorporated against the states by the 14th Amendment) guarantees criminal defendants the right to a unanimous jury, it meant a unanimous 12-person jury — not a six-person jury, which is all that Florida affords some felony defendants. Next up is Lackey v.

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Felony Immigration Court Statute 143

JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. ” The Department hosted a virtual forum discussing its review of the program on Thursday.

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Statute Government Court Legal 152

JURIST

NOVEMBER 18, 2021

Attorney General Jeff Landry of Louisiana and eleven other states filed a lawsuit against the Biden administration and the Centers for Medicare and Medicaid Services (CMS), questioning their authority to issue a COVID-19 vaccine mandate for healthcare workers.

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Healthcare Statute Finance Attorney 194

SCOTUSBlog

NOVEMBER 29, 2024

A federal appeals court in Louisiana set aside the FDA’s orders denying applications by Triton Distribution and Vapetasia, complaining that the agency had sent those companies and other makers of e-cigarette products “on a wild goose chase.” Last year, in Loper Bright Enterprises v.

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Court Manufacturing Statute Technology 136

SCOTUSBlog

FEBRUARY 23, 2023

But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. 22-448 Issue : Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. New Relists Brown v.

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Government Court Contract Malfeasance 96

SCOTUSBlog

MAY 28, 2024

Avenatti came to the Supreme Court earlier this year, asking the justices to decide whether one of the statutes under which he was convicted – barring fraud that deprives someone else of “the intangible right of honest services” – is so vague that it is unconstitutional. Nike has denied any wrongdoing.

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Court Felony Lawyers Lawyer 129

SCOTUSBlog

JANUARY 19, 2022

I just don’t know of a case,” he told Stewart, challenging the constitutionality of a statute in which the Supreme Court has inquired into the relative ease or difficulty of other options when the challengers are opposed to using those options. How, he queried, “can that possibly be the law?”. Justice Stephen Breyer was also dubious. “I

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Finance Government Laws Court 103

The Crime Report

FEBRUARY 8, 2023

His attorney then filed a specific constitutional challenge to § 922(g)(8), arguing that the statute violated Rahimi’s Second Amendment right to own and possess firearms. Thanks to the Fifth Circuit Court of Appeals, that protection no longer exists in three Southern states—Texas, Mississippi and Louisiana. Supreme Court.

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Statute Court Attorney Legal 98